98th District: Landis vs. O'Farrell winner still not certain

The outcome of the unresolved race for state representative in the 98th District remains in limbo after members of the Tuscarawas County Board of Elections deadlocked Monday on issues involving the recount process.

The outcome of the unresolved race for state representative in the 98th District remains in limbo after members of the Tuscarawas County Board of Elections deadlocked Monday on issues involving the recount process.

Board members split 2-2 along party lines on five separate votes during their meeting. The tie votes now must be decided by Ohio Secretary of State Jon Husted, a Republican. His decision likely will come in the next couple of days.

Two weeks ago, the board declared incumbent state Rep. Al Landis the winner in the race after certifying all provisional ballots from the Nov. 6 general election. But because his margin of victory over his Democratic challenger, Josh O’Farrell, was just 14 votes, or less than 0.5 percent of the vote, an automatic recount was necessary.

Election officials expected to certify the results of the recount Monday, but the tie votes by board members have delayed the process.

“There are a number of issues that we are still trying to resolve,” said Zack Space, a Democratic member of the board. “I think all four members of the board are sincerely interested in and have a desire to see that the process is done right. But there is disagreement on a number of issues concerning the role of board members and board employees during the recount process.”

Democrats and Republicans diverge on the proper time to address those issues.

“My view is that this process is the recount of the votes that the board had decided are legal,” said Terry Casey, who is serving as an observer for the Landis campaign. A former member of the Franklin County Board of Elections, he has participated in recounts in 44 of Ohio’s 88 counties.

“Their (Democrats’) view is a wider one,” he said. “They want to look at the provisional ballots that were or were not counted.”

One sticking point involved observers for both campaigns, who were present during the recount process.

“The observers asked for information on several issues,” Space said. “We disagreed on what they should and shouldn’t be provided. They requested documentation during the process, which they believe they’re entitled to see.”

The other disagreement involved 14 ballots that were flagged by board employees or observers as having potential irregularities.

Space said he and fellow Democrat Ida Barlock wanted those ballots presented to the board, and then members could vote on whether they should be counted. He noted that the names of the voters aren’t on those ballots, so board members won’t know how those people voted.

Casey said state statutes outline the entire recount process. After the recount is completed, Democrats have the right to look at the documentation they requested, present evidence in court and get a decision from a judge.

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“We don’t want to deny them any of their rights,” he said. But he added that the issues brought up should be handled in court and shouldn’t delay the recount.

Speaking for the Republicans on the board of elections, Casey said they would like to have the recount process expedited. He said the board needs to complete an audit of the election, and has temporary workers waiting to work on that task.

“They can’t start the audit until the recount is completed,” Casey said.